Sins of the Fathers (25 page)

“That’s all right. This is a tense time. Go on, Ms. Field.”

Lindy swallowed. This was going to be tougher than she thought. “Mr. Jones, you testified that you were near first base when you first heard the sound that you later determined came from a rifle, is that correct?”

“Yes.”

“And you made a mark, a letter
J
, on the exhibit Mr. Colby provided?”

“Yes, I did.”

“I would like to ask you to make another mark on it, with Her Honor’s permission.”

Judge Weyer looked at Leon Colby. “Any objection?”

“As long as we can make sense of it when she’s through,” Colby said. This brought chuckles from the gallery.

“Go ahead, Ms. Field,” said the judge.

“Mr. Jones, please step to the chart here and with a black marker place an
X
where my client was when you first saw him.”

Jones got up and went to the board. He looked at it a moment, then placed an
X
on the chart near the first-base line. He started to return to the witness chair.

“Please stay here for a moment, Mr. Jones.”

He looked surprised.

“Mr. Jones, when you turned around at the sound of the rifle, did you turn to your right or your left?”

He thought a moment. “My right, I believe.”

“And you say you saw my client, with the rifle in a shooting position?”

“Yes.”

“But not aimed at you.”

“Past me. Toward the field.”

“As best you can, Mr. Jones, will you please indicate with an arrow the direction in which you perceived my client was aiming the rifle?”

“Your Honor,” Colby said, “is all of this really necessary for purposes of this preliminary hearing?”

“Is there an objection?” Lindy snapped. “I missed that.”

“That’s enough,” Judge Weyer said.“Mr. Colby, do you have a specific objection?”

“Relevance.”

“Overruled. Anything else?”

“No, Your Honor.” Colby sat down.

Just serving notice,
Lindy thought.
He
’
s going to be in my face every
step of the way.

“Now, Mr. Jones,” Lindy said. “If you will please draw an arrow from the
X
in the direction that you say my client was aiming.”

“I’ll try,” Jones said.

“That’s all I’m asking.”

Tentatively, Jones drew a small arrow.

“You testified that after you turned around and looked at my client, he proceeded to take another shot?”

“Yes.”

“In the same direction?”

“Yes.”

“And then he turned the rifle toward you?”

“Yes.”

“And fired again?”

“Yes.”

“Will you please, with an arrow, show the direction of that third shot?”

“It’s the one that hit . . . Nicky.”

“If you can, draw the arrow for us.”

Jones’s hand shook slightly as he drew another arrow.

“Thank you, sir,” Lindy said. “You may resume your seat.”

When Oliver Jones was seated again, Lindy said, “So you were the person closest to my client as he was shooting the rifle, is that right?”

“Yes, I guess.”

“After that third shot, what did you do?”

“I . . .” He stopped again, and Lindy wondered if he’d have another breakdown. The emotion in the air was as thick as summer haze.

“Take your time,Mr. Jones.”

“I don’t . . . I’m okay this time. Don’t worry. I’m sorry. Can you please repeat the question?”

“Sure. After the third shot that you testified went past you, what exactly did you do? What was your reaction?”

“I turned back, like I said earlier, and saw . . . Nicky.”

“Yes. And he was on the ground, with blood on his shirt?”

Jones nodded slowly.

“Mr. Jones,” Judge Weyer said, “we need to have an oral response for the record.”

“I’m sorry. Yes. He was down, with blood.”

“And what did you do next?”

“I went to Nicky. I went to him but I . . .” Jones’s breathing quickened.

Leon Colby said, “Your Honor, I wonder if at this time we might allow the witness to step down?”

“Your Honor,” Lindy said, “I would like Mr. Jones to finish his answer. He was about to say something and I’d like to hear what it is.”

“I don’t see the purpose,” Colby said.

“The purpose is my right to cross-examine,” Lindy said.

Colby shook his head and looked to the judge.

“Ms. Field,” said Judge Weyer, “can you wrap things up?”

“Yes, just a few more questions.”

“Please.”

Oliver Jones looked like he’d recovered a little. “You were about to say something,” Lindy said. “You said that you went to the boy,
but.
Do you recall what you were going to say?”

Jones nodded.

“Please,” Lindy reminded him, “out loud for the record.”

“Yes.” His voice was barely audible.

“What were you about to say?”

“I was about . . . in all the commotion . . . oh dear God, I could’ve stopped it.” Jones looked up, tears beginning to slide down his face.

And his voice rang out like a rifle shot. “I should have tried to stop him! I should have gone at
him
! I could have saved the others! I could have . . .”

He began to wail. That was the end of the questioning of Oliver M. Jones.

7.

Leon Colby’s next witness was police officer Kirby Glenn. He looked a little nervous to Lindy, but all business.

“Officer Glenn, how long have you been with the Los Angeles Police Department?”

“Four years.”

“Your current assignment is?”

“West Valley Division.”

“Turning your attention now to the morning of June 26, did you get a call about a possible shooting?”

“Yes.”

“You were in a cruiser with a partner?”

“Curtiss.”

“And you responded to the call?”

“Yes, sir.”

“What happened when you got to the park?”

“Officer Curtiss and myself, we got out of our vehicle and proceeded to the baseball diamond, where we were met with several people in an agitated state. Some of them pointed toward an area where there was sand and swings and such. I heard one of them say that they had the shooter under control.”

“What did you do then?”

“We proceeded to the sand area and saw several male adults holding down the suspect.”

“Is the suspect present in court?”

“Yes, sir, seated at the counsel table.”

“The witness has identified the defendant,” Judge Weyer said.

“Did you see a weapon?” Colby asked.

“One of the men handed me a rifle and said he had taken it from the suspect.”

Colby walked to his counsel table and picked up the rifle. “Showing you what is marked People’s Two for identification, is this the rifle you were given?”

The witness looked at the rifle and the tag that dangled from it. “Yes.”

“Are those your initials on the tag?”

“Yes.”

“Did you proceed to take the suspect into custody?”

“I did.”

“How would you describe the suspect’s demeanor?”

“He didn’t offer any resistance.”

“He was cooperative?”

“Objection, leading,” Lindy said.

“Sustained.”

“Please expand on your answer that the defendant did not offer resistance,” Colby asked.

“He was cooperative,” said Officer Glenn.

“Did you advise the suspect of his Miranda rights?”

“Yes.”

“Did he say that he understood his rights?”

“He chose not to say anything.”

“Did you question the suspect further?”

“No. We put him in the squad car and waited for RHD.”

“That’s Robbery Homicide Division?”

“Yes.”

“Thank you. No further questions.”

Lindy replaced Colby at the podium. “Officer Glenn, you characterized Darren as cooperative, after Mr. Colby suggested that word to you, is that right?”

“Objection,” Colby said. “Argumentative.”

“Sustained.”

“Let me ask you, just what it was that leads you to suggest Darren was cooperative?”

“Like I said, he offered no resistance.”

“But you also testified he didn’t talk to you, correct?”

“Yes.”

“That doesn’t suggest cooperation, does it?”

“Not in that sense.”

“You also said Darren chose not to answer your Miranda advisement. You used the word
chose
, did you not?”

“I may have.”

“Shall I have the court reporter read your answer?”

“No, I remember saying that.”

“Did you read Darren’s mind?”

“Objection,” said Colby.

“Overruled. The witness may answer.”

Officer Glenn said, “Of course not.”

“So how do you know he chose not to answer?”

“Are you kidding?”

“This is not a joke, sir. Answer the question.”

With a disgusted shake of the head, the witness said, “It’s obvious to me, and I think it would be to anybody who wasn’t a lawyer.”

“I move to strike that as nonresponsive and argumentative and unprofessional,” Lindy said.

“I don’t believe
unprofessional
is in the evidence code,” Colby snapped.

Lindy whirled to face him. “Professionalism is not expected of our police? Is that the DA’s position?”

“That’s enough,” Judge Weyer said. “What’s going on between you two is not professional either. Let’s cool it. There is a motion to strike the witness’s last answer. I’m going to grant the motion. And

I will remind the witness to answer only the question he is asked, understood?”

“Yes, Your Honor,” Glenn said.

“Officer Glenn, you do not have a degree in psychology, do you?” Lindy asked.

“No.”

“Never practiced psychology, have you?”

“Only on the street every day.”

“Sir, you have never received any specialized academic training in the field of psychology, have you, sir?”

“No.”

“You advised my client of his rights, asked him for a waiver, and he did not give it to you. You did not ask him any more questions, did you?”

“No.”

“Nothing to determine his psychological state.”

“Of course not.”

“In short, Officer Glenn, you have no way of knowing what my client was thinking at the time he was taken into custody by you, isn’t that correct, sir?”

“I know people. I see them—”

“The question can be answered yes or no, sir.”

“Objection,” Colby said. “The witness should be allowed—”

“Overruled. Let’s move on.”

Lindy repeated the question.

“I had an indication what he was thinking, but that’s just my opinion,” Officer Glenn said.

“I think we’ve heard enough opinions,” Lindy said. “No more questions.”

8.

The local news droned on in the background as Lindy went over notes with Roxy. Cardozo perched at the window, looking out at the Valley evening. The day in court had drained Lindy. She’d run a marathon once and knew what it was to hit the wall. Her brain was fast approaching it.

“There’s something bothering me about Jones’s testimony,” Lindy said.

Roxy nodded. “He was pretty emotional.”

“It’s not that.”

“What then?”

“I don’t know. I believe him, don’t you?”

“Sure.”

“But how sure of anything can someone be under that kind of stress? He and Mrs. Kean were together on the big picture, but not necessarily on the details.”

“But what does any of this matter? Everybody knows what happened. Darren shot the kids. Everybody saw it.”

Lindy shook her head. “Something’s off. What is it?”

“You got me.”

“Go over the names.”

“Again?”

“You want to get paid?”

“I haven’t been. You thinking of doing something new?”

“Funny. Give them to me.”

Roxy rolled her eyes and picked up the list, one of several she had made of the names of Darren’s victims. “You ready?”

“Let’s go.”

“Okay. We have Nick Marosi, age eleven. He was standing on first base. And then we have Bobby Landis, eleven, playing third base. Matthew Romney, eleven, was standing on third base for the other team. Cody Thompson was the second baseman for the White Sox. He was twelve. James Glover, right field, ten. And then there was Joel Dorai, one of the coaches.”